The operation of separate trade mark administrations in Sana’a and Aden, together with recent developments in Yemen’s trade mark landscape, means that international brand owners may need to take additional steps to secure effective protection of their trade mark rights across the country.
Developments at the Sana’a and Aden registries
As a consequence of the continuing political situation in Yemen, separate trade mark administrations currently operate in practice in Sana’a and Aden. While there is no formal division of Yemen’s trade mark legislation into two separate legal systems, the two offices operate independently in the areas under the control of the respective authorities.
The Aden Trade Mark Office accepts new trade mark applications and recordals, and its jurisdiction covers much of southern Yemen, including important commercial regions and the country’s principal port.
Historically, many international brand owners relied on registrations obtained through the Sana’a Trade Mark Office for protection throughout Yemen. In practice, however, the operation of the two administrations has changed the position for rights holders.
Recent developments in Aden have highlighted the importance of maintaining rights locally. The Aden authorities have taken steps to cancel or remove trade marks that have not been maintained or renewed before the Aden authorities, including marks whose owners had continued to maintain their rights in Sana’a.
As a result, relying on a registration maintained with only one office may no longer provide effective protection throughout Yemen.
What should brand owners do?
For brand owners with important interests in Yemen, a dual-filing strategy should now be considered.
Rights holders whose trade marks are currently registered only in Sana’a should consider corresponding protection in Aden, particularly where the marks are commercially important or enforcement may be required in southern Yemen.
For new trade marks, applications should similarly be considered before both offices where comprehensive protection across Yemen is required. Where filing before one of the offices is temporarily unavailable to a particular applicant, protection should be sought in the available jurisdiction and the position kept under review so that a corresponding application can be filed when possible.
Renewals also require particular attention. Brand owners should review their portfolios ahead of upcoming renewal dates and consider renewing their registrations separately before both the Sana’a and Aden offices. A renewal completed with only one office should not be assumed to maintain effective protection across the whole country.
Prioritising Aden
For businesses reviewing their Yemen portfolios now, Aden should be an important part of the strategy.
Existing Sana’a-only registrations should be reviewed to identify key marks for corresponding protection in Aden. Attention should be given to important brands, marks that may need to be enforced and registrations approaching renewal.
This does not mean that Sana’a protection should be disregarded. Rather, the practical reality of the current system means that protection in both jurisdictions provides a stronger basis for maintaining and enforcing rights across Yemen.
The position remains fluid and may continue to change. Brand owners should therefore keep their Yemen portfolios under review and monitor developments in both Sana’a and Aden to ensure that important rights remain appropriately protected.
Authors: Mais Ghosheh, Mona Saleh
